Posted on December 01, 2018 in Paternity

Being married to a woman or being in an exclusive sexual relationship with a woman who becomes pregnant leads a man to make a reasonable assumption that he is the father. However, even people in committed relationships sometimes commit acts of infidelity, and when they do, a man may be shocked to learn that he is not the father of who he assumes to be his child. Sometimes, this happens early on – before the baby is born; other times, a man may raise a child as his own for months or years before he discovers he is not the child’s biological father. If you find out that you are not the father of the child, here’s an overview of some steps you may take–

Think About What You Want and Have a Conversation with Your Partner

A man who learns that he is not the father may be so outraged and shocked that he wishes to leave the woman and move on with his life, wanting nothing to do with the child that isn’t his. On the other hand, some couples may choose to forgive the adultery, and some men may even wish to raise a child as their own, especially if they have already been doing so for years. If you find out that you are not the father, think about what you want (talking to a counselor can help) and be prepared to have an honest conversation with your partner.

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 Posted on December 01, 2018 in Property Division

If you and your spouse are seeking a divorce, there are numerous issues you will need to work together to resolve or go to court in order to obtain a decision from a judge. For some couples, reaching an agreement is easy. For others, especially couples in high-asset marriages or those who jointly own family businesses, reaching an agreement about property division can prove extremely trying. If you and your spouse are divorcing and wondering to whom the family business will be assigned, here’s a look into what you need to know.

Illinois Property Division Laws

Before talking about the specifics of dividing a family business, it’s best to familiarize oneself with Illinois’ property division laws. In Illinois, the state requires that all marital property is divided amongst spouses in a manner that is considered “equitable.” Marital property generally includes property that was acquired during the course of the marriage, but excludes property acquired by gift or legacy, property acquired prior to the marriage, and property excluded from division due to a valid agreement entered into by the parties, such as a pre- or post-nuptial agreement.

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 Posted on December 01, 2018 in Orders Of Protection

Those who are divorcing with children have numerous hurdles to overcome as it pertains to reaching an agreement about child custody (allocation of parental responsibilities) and visitation (parenting time). The good news, however, is that once an agreement is reached, both parties are obligated to abide by the terms of the agreement. Unless there is a change in circumstances, the agreement is hopefully one that both parties can live with. However, if you suspect that your ex is abusing your child, you need to take action immediately.

What to Do if You Suspect Child Abuse by Your Ex

Suspecting child abuse can be a sinking feeling. Whether there is physical evidence of abuse (such as bruises on the child), or a feeling that something wrong is happening (your child is terrified of spending time with your ex), you need to take action. Some steps to take include:

• Documenting any evidence that you have of abuse;
• Taking photos of bruises, torn clothing, etc. on your child;

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 Posted on November 01, 2018 in Divorce

For grandparents, it is often true that there is no greater joy in life than spending time with grandchildren. Especially during the holidays, having one’s grandchildren around can be highly enjoyable and rewarding. The opposite can also be true: when grandchildren aren’t around during the holiday season, grandparents may experience feelings of sadness or loneliness.

Many grandparents wonder whether or not they have a right to holiday visits with their grandchildren. Consider this overview of the topic, and call our family law attorneys for more information that is specific to your situation–

Parents Are the Ultimate Decision-Makers

Unfortunately for grandparents in Illinois, grandparents have no inherent right to spend time with their grandchildren during the holidays. Instead, the decision ultimately lies with the parents. If parents want to bring the kids over to grandma and grandpa’s for a holiday celebration, they are welcome to; if they do not, they maintain the right to not do so.

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 Posted on November 01, 2018 in Divorce

Filing for a divorce and reaching a settlement can be a complicated process. In fact, even if you’re sure that you’re ready to part ways, you may be unsure about how issues in your divorce–like who should get your house or who will care for shared pets–should be resolved.

In some cases, something may arise during the divorce process that complicates matters and warrants a delay in finalizing the divorce. For example, perhaps you discover new information about your spouse’s assets and need to renegotiate your settlement; perhaps a tragic event occurs that affects the divorce settlement; or perhaps you or/and your spouse change your mind about even wanting to get divorced and need more time to think about it. Whatever it is, if you need to postpone the finalization of your divorce, here’s a look into what you need to know–

If Your Court Date Is Already Scheduled…

If your court date is already scheduled, it is possible to request that this date is changed to a later date. However, in order to do this, you must offer the judge a good reason as to why you are asking for the change of date, called a continuance. Examples of good reasons for a continuance include:

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 Posted on November 01, 2018 in Divorce

If you and your spouse are seeking a dissolution of your marriage in Illinois, an uncontested divorce is surely the simplest and most straightforward type of divorce. That being said, uncontested divorces are less common, as couples are often not in agreement about the terms of a divorce. If you’re getting divorced, here’s a look into what you need to know about both types of divorce, as well as some tips for navigating both–

Contested Divorce in Illinois

A contested divorce doesn’t necessarily mean that one party wants to get divorced and the other does not; rather, a contested divorce refers to one in which issues in the divorce are contested. For example, parties may disagree about:

• Child custody (allocation of responsibilities);
• Child support;
• Alimony (maintenance); and
• Property division.

Sometimes when divorce issues are contested, couples will attend a mediation in order to try to reach an agreement. If mediation fails, the case may need to be heard before a judge, who will be the ultimate decision-maker about all issues in a divorce. Another option is to hold a settlement conference with both parties and both attorneys to work out settlement details.

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 Posted on November 01, 2018 in Divorce

For many couples who are seeking a divorce, reaching a divorce settlement is the most difficult part of the process. Indeed, divorce battles can be drawn out, expensive, and highly emotional. The good news is, however, that once a divorce judgment has been issued by the court, each party is legally required to comply with the terms of the divorce decree. If your ex-spouse isn’t complying with the terms of the decree, you have legal options. Here’s a look into what you need to know about enforcement of a divorce court order–

Step 1: Talk to Your Ex-Spouse

At the offices of Fay & Farrow, we always recommend taking a non-combative approach to resolving an issue first. Indeed, before you file a motion with the court against your ex, you should contact him or her and ask what’s going on. Sure, sometimes an individual will renege on the terms of the divorce simply because they don’t feel like complying, but other times, they are unable to meet the terms for whatever reason. For example, perhaps your ex lost his or her job and is struggling to make ends meet, let alone pay alimony (maintenance).

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 Posted on November 01, 2018 in Divorce

Having children is a wonderful experience. But there is no doubt that for working parents, having children can pose some complications, such as who will watch the children when the parents are at work.

For parents with school-aged children, this problem is often remedied naturally; children are in school, and therefore an addition caregiver is not necessary. But when schools go on breaks, for example, during the summertime or winter holiday, parents are often faced with once again investing in childcare. If parents are divorced, who is to pay for this childcare can prove contentious. Here’s what you should know:

Turn to Any Court Orders First

The first thing that you should consider when determining who is to pay for childcare during school breaks is to refer to any court orders that have already been issued by an Illinois judge. Understanding that daycare costs are a reality that many parents face, an Illinois court will often factor these costs in when issuing a child support award. In some cases, the court will allocate daycare costs between the parents outside of the support award.

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 Posted on October 01, 2018 in Divorce

Let Our Experienced Illinois Divorce Attorneys Protect Your Best Interests

Each couple is unique, and therefore each divorce case is very different. That being said, couples who are considered to be high net worth individuals tend to face a number of specific issues when separating. Unfortunately, there are a myriad of common mistakes that are often made that can jeopardize an individual’s best interests when divorcing from their spouse. At the law offices of Fay & Farrow our lawyers are committed to helping you navigate your high net worth divorce. Consider these unique issues and common mistakes that individuals often make when dissolving a marriage–

Unique Issues in High Net Worth Divorce Cases

All divorce cases have the potential to be contentious and emotional, but couples who are involved in a high net worth divorce may face additional complications, too. Some of these complications and unique issues include:

• Hidden assets. Individuals may try to hide assets, such as keeping assets in an offshore account, in order to reduce the supposed amount of marital property that is subject for division or the amount of spousal support they are liable for.

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 Posted on October 01, 2018 in Property Division

Most couples who are looking to part ways legally are aware of the fact that doing so means that their assets will be up for division. In fact, until a couple reaches a property division settlement, a court will not grant a divorce.

But what many couples may not know is exactly what is included in a property division decision. If you have questions about what types of property and assets will be considered for division, or what the laws are regarding division, our Naperville divorce lawyers at the offices of Fay & Farrow can help.

What Does Illinois Law Say About Property Division in a Divorce?

Illinois law is very specific about property division in a divorce case. To be sure, the statute reads that all marital property–but not separate property–will be subject for division, and that property will be divided in a manner that is equitable and in “just proportions” without regard to marital misconduct.

What Property is Marital and Therefore Subject to Division?

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